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Laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking
Article 8

Article 8 — Jurisdiction and prosecution

  1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 2 and 3 where:
    1. the offence is committed in whole or in part within its territory;
    2. the offender is one of its nationals; or
    3. the offence is committed for the benefit of a legal person established in the territory of that Member State.
  2. A Member State may decide that it will not apply, or that it will apply only in specific cases or circumstances, the jurisdiction rules set out in paragraphs 1(b) and 1(c) where the offence is committed outside its territory.
  3. A Member State which, under its laws, does not extradite its own nationals shall take the necessary measures to establish its jurisdiction over and to prosecute, where appropriate, an offence referred to in Articles 2 and 3 when it is committed by one of its own nationals outside its territory.
  4. Member States shall inform the General Secretariat of the Council and the Commission when they decide to apply paragraph 2, where appropriate with an indication of the specific cases or circumstances in which the decision applies.